· 10/20/2023
East Penn Twp. v. W.A. Swartz and S.L. Swartz
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant consented to a search by \lifting his hands about eight inches from his legs\ after being asked \Mind if I check you?\
- holding that the Fourth Amendment does not require officers who request bus passengers’ consent to inform passengers of their right to withhold consent
- holding that the Fourth Amendment does not require officers who request bus passengers’ consent to inform passengers of their right to withhold consent
- recognizing that most officers are armed, therefore, the presence of a holstered firearm is unlikely to be coercive absent active brandishing of the weapon
- concluding that individuals were not seized, in part because the officer “did not brandish a weapon or make any intimidating movements”
- holding that there is nothing inherently coercive about police questioning or asking for consent to search
Source: CourtListener parenthetical corpus (CC0).
Judges: Fizzano Cannon, J.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.